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The use of testamentary trusts is becoming an important part of estate planning. As a result, students who want to make a living as probate attorneys will need to know how trusts fit into estate planning. In addition, bar examiners realize that it is important for students to have a basic knowledge of trust law. That realization will result in bar examination questions that test that knowledge. This book is designed for use as a supplementary text for a course on wills and trusts and the primary text in a seminar or course exploring the law of trusts.
As adopted and promulgated by The American Law Institute at Washington, D.C. May 16, 2001.
A Restatement of the English Law of Contract is the second Restatement of English law undertaken by Andrew Burrows following on the success of A Restatement of the English Law of Unjust Enrichment (OUP, 2012). Designed to enhance the accessibility of the common law the Restatement comprises a number of clear succinct rules, fully explained by a supporting commentary, which set out the general law of contract in England and Wales. Written by one of the leading authorities in this area, in collaboration with an advisory group of senior judges, academics, and legal practitioners, the Restatement offers a novel and powerfully persuasive statement of the law in this central area of English law. All lawyers dealing with the English law of contract, whether as practitioners, judges, academics, or law students, cannot but benefit from this Restatement. The English law of contract is one of the most respected systems of contract law in the world and by the device of a 'choice of law' clause is often chosen by foreign commercial parties as the applicable law to govern their contract. One of the aims of the Restatement is for the reader, including those from civil law jurisdictions, to see quickly and easily how the different elements of the English law of contract fit together.
The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.
"Now including all eight volumes updated in this Fifth Edition, Scott and Ascher on Trusts, formerly published as Scott on Trusts, is widely regarded as the leading authority on the law of trusts. Scott and Ascher on Trusts offers practical advice on the creation, administration, and termination of all kinds of trusts, as well as incisive analysis of the underlying principles of trust law. The duties of trustees and the rights of beneficiaries, would-be beneficiaries, and third parties are constantly being changed and redefined. This preeminent resource keeps you abreast of the latest developments in trust law, enabling you to resolve trust problems efficiently and effectively with regular updates integrating the latest court decisions and legislative changes. Scott and Ascher on Trusts allows you to examine the full range of your options at every stage, from client counseling to final distribution."--Publisher's website.
This third edition provides a comprehensive review of the law affecting intestate succession, wills, and trusts. This book introduces wills terminology to the lay audience and updates the law of trusts with references to the Uniform Trust Code and the Restatement of Trusts. This book uses problems arising from celebrity peccadilloes and deaths, such as those of Anna Nichole Smith and James Brown, to illustrate legal issues. Moreover, this book can be adopted to supplement a traditional wills and trust class or as the sole text for a seminar.
Judge Cardozo develops further in this book the theory of law expressed in The Nature of Judicial Process. Having dealt with the question, “How do I decide a case?” he now asks, “How should I decide it?” “The present work glows with the same passionate sincerity that marks his judicial utterances . . . facility of expression, breadth of imagination, and lucidity of thought.”—Columbia Law Review
Abraham's name appears first on the earlier edition.